wa-law.org > bill > 2025-26 > SB 5404 > Original Bill
Beginning in fiscal year 2026, funding responsibility for public defense services shall be shared by the state, counties, and cities.
Beginning in fiscal year 2026, the state shall be responsible for 50 percent of the cost of public defense services based on an average of the actual expenditures for public defense services reported, and paid for, by eligible counties for the previous five years looking back from fiscal year 2024. Beginning in fiscal year 2026, eligible counties shall not be responsible for public defense services costs that exceed this five-year average.
In fiscal year 2026 and thereafter, the state shall be responsible for all public defense services costs that exceed the five-year average set forth in this section.
The Washington state office of public defense shall disburse appropriated funds to eligible counties for the costs that exceed the five-year average set forth in this section consistent with RCW 10.101.060(2) (a) through (d).
c. Any county funds supplanted by the funding distributions described in this section that were previously spent on public defense services may only be used for the following activities:
i. Pretrial or precharge diversion programs;
ii. Alternatives to incarceration;
iii. Reentry services for those exiting incarceration;
iv. Administrative expenditures related to the provision of public defense services including, but not limited to:
(A) Information technology;
(B) Human resources;
(C) Office space;
(D) Other indirect costs;
v. Behavioral health facilities and services;
vi. Costs of developing affordable and supportive housing, consistent with eligible activities outlined in RCW 82.14.540;
vii. Other activities as approved by the Washington state office of public defense.
Eligible counties may apply for up to their pro rata share as set forth in RCW 10.101.060 provided that counties conform to application procedures established by the office of public defense and improve the quality of services for both juveniles and adults.
In order to receive funds, each county must :
Report the expenditure for all public defense services in the previous calendar year, as well as case statistics for that year, including per attorney caseloads, and shall provide a copy of each current public defense contract to the office of public defense ;
Require public defense lawyers to keep and report hours worked on each public defense case. The county shall collect data of assigned and resolved cases and annually report to the office of public defense and the Washington state bar association the (i) number of assigned and resolved cases of each case type consistent with appendix B of the Washington state bar association indigent defense standards, and (ii) average number of billable attorney hours spent on resolved cases of each type. The office of public defense shall create forms consistent with the collection of necessary data and regularly use the billable hour data to review and reconsider the categorization of each case type included in appendix B of the Washington state bar association indigent defense standards;
Designate a public defense coordinator who shall serve as the primary contact between the county and the office of public defense. The public defense coordinator shall be a lawyer with public defense experience. Cities and counties are encouraged to work together and with the office of public defense to create public defense districts, if needed, consistent with RCW 36.26.020.
Cities may apply for moneys pursuant to the grant program set forth in RCW 10.101.080. In order to receive funds, each applying city must require that attorneys providing public defense services attend training approved by the office of public defense at least once per calendar year. Each applying city shall report the expenditure for all public defense services in the previous calendar year, as well as case statistics for that year, including per attorney caseloads, and shall provide a copy of each current public defense contract to the office of public defense with its application. Each individual or organization that contracts to perform public defense services for a city shall report to the city hours billed for nonpublic defense legal services in the previous calendar year, including number and types of private cases.
1.The office of public defense shall disburse to all counties that meet the requirements of RCW 10.101.050 designated funds under this chapter on a pro rata basis pursuant to the formula set forth in RCW 10.101.070 and shall disburse to eligible cities, funds pursuant to RCW 10.101.080.
Any county with a population density of less than 50 persons per square mile may request that the office of public defense assume responsibility for providing all or a designated portion of the public defense services for defendants appearing in a court under the county's jurisdiction. If the office of public defense determines that it has the capacity to provide these services on behalf of the county:
The office of public defense must notify the county of its decision to accept the request within 180 days.
The county's pro rata share of funding described in RCW 10.101.070 shall be retained by the office of public defense for the purposes of delivering public defense services within the county. The office of public defense may designate employees of the department or contract with external legal counsel to deliver public defense services within the county.
The office of public defense, at its discretion and consistent with standards for the provision of indigent defense services as endorsed by the Washington state bar association, may establish service delivery standards, support staffing, and administrative functions to facilitate the effective delivery of public defense services within the county.
The county shall contribute funds in an amount equal to its responsibility for public defense services within its jurisdiction as described in RCW 10.101.050 toward the delivery of public defense services by the office of public defense within its jurisdiction.
Each fiscal year for which it receives state funds under this chapter, a county or city must annually document to the office of public defense that it is meeting the standards for provision of indigent defense services as endorsed by the Washington state bar association or that the funds received under this chapter have been used to make appreciable demonstrable improvements in the delivery of public defense services
. The office of public defense may create standards to determine the eligibility of counties and cities requesting funds.
The office of public defense shall monitor trial level public defense services to determine eligibility of counties and cities to receive state funds under this chapter. The office of public defense shall create data collection criteria and reporting forms to ensure consistent statewide data and application.
The moneys under RCW 10.101.050 shall be distributed to each county and city determined to be eligible under this section by the office of public defense.
The moneys shall be distributed to each county determined to be eligible to receive moneys by the office of public defense as determined under this section. Beginning in fiscal year 2026 and in each year thereafter, the state shall appropriate to the office of public defense funds necessary to comply with RCW 10.101.050. These funds shall be designated as "county moneys" and shall be distributed as follows:
1.
The county moneys appropriated shall be distributed among the eligible counties as follows:
a. Fifty percent of this amount shall be distributed on a pro rata basis to each eligible county based upon the population of the county as a percentage of the total population of all eligible counties; and
b. Fifty percent of this amount shall be distributed on a pro rata basis to each eligible county based upon the annual number of criminal cases filed in the county superior court as a percentage of the total annual number of criminal cases filed in the superior courts of all eligible counties.
Beginning in fiscal year 2027 and each year thereafter, the county moneys appropriated shall be distributed among the eligible counties on a pro rata basis based upon the annual number of cases filed in courts under the county's jurisdiction for which a public defender was assigned.
Under this section:
The population of the county is the most recent number determined by the office of financial management;
The annual number of criminal cases filed in the county superior court is determined by the most recent annual report of the courts of Washington, as published by the office of the administrator for the courts;
The annual number of cases filed in courts under the county's jurisdiction for which a public defender was assigned is determined by the most recent annual report of the courts of Washington, as published by the office of the administrator for the courts.
The office of public defense shall:
Examine and make recommendations to reduce trial level public defense caseloads and backlogs;
Require counties to report to the office of public defense the number of accused who are unrepresented because of a shortage of qualified lawyers;
Make recommendations to increase retention of experienced public defenders in high-need counties; and
Report findings and recommendations to the appropriate fiscal and policy committees of the legislature not later than December 1, 2026.
The office of the administrator for the courts shall collect data in a manner consistent with the responsibilities outlined in chapter 2.68 RCW detailing the number of cases assigned a public defender and shall include in its annual report of the courts of Washington the total number of such cases in each county and city.